FTA looking for public comment on transit safety oversight rules

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On Wednesday, the U.S. Department of Transportation’s Federal Transit Administration (FTA) announced it would open its proposed rules to strengthen state agencies’ ability to oversee rail transit in the United States.

The Notice of Proposed Rulemaking would give State Safety Oversight Agencies (SSOAs) the right to inspect agencies without warning, require agencies to collect metrics and date that better explain rail transit safety, and require SSOAs to create an inspection program. The FTA is required to open the proposed rulemaking to public comment, per new requirement under the Bipartisan Infrastructure Law.

“We intend to make transit, one of the safest forms of surface transportation, even safer,” FTA Administrator Nuria Fernandez said. “Giving oversight agencies the tools needed to make an impact is a critical step. We encourage the industry to review the proposed safety regulations and provide constructive feedback.”

Previously, the FTA published the State Safety Oversight Final Rule in 2016 requiring all states with rail transit systems to establish a state safety oversight program and to ensure that it is FTA-certified. Since its implementation in 2019, all 31 SSOAs were certified.

Changes to the SSOAs requirements include developing and implement a risk-based inspection program; giving SSOAs the authority to enter rail transit facilities without prior notice to perform safety inspections; collecting data on safety risks; and developing and implementing a risk-based inspection program for rail transit agencies the SSOAs oversee.

The proposed rule also clarifies existing requirements and removed outdated references by simplifying requirements for the types of safety events that rail transit agencies must report and updating terminology to reflect current use.

The public comment period is open until Jan. 16, 2024.